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Lilik Mulyadi
Universitas Jayabaya Jakarta
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Formulation of Criminal Law Policy Against Influence Trading as A Criminal Act of Corruption Chandra Matdung; Fauzie Yususf Hasibuan; Lilik Mulyadi
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1010

Abstract

The act of trading in influence is still not considered as a criminal offence so that until now the regulations governing it do not exist or have not been regulated in Indonesia. This research aims to examine the regulation of the formulation of trading in influence as a Corruption Crime according to positive law and analyse the criminal law policy towards the formulation of trading in influence as a Corruption Crime in the future. The research method used is normative juridical with analytical approach, with the specification of description analysis. The results showed that the absence of regulation regarding the formulation of the offence of trading in influence in Indonesian positive law causes law enforcement officials to often use the offence of bribery to criminalise while between bribery and trading in influence are two different things. The offence is different from the offence of bribery and other corruption offences so it is necessary or a different crime from the category of corruption-related crimes covered by the relevant Legislation. In order to achieve the objectives of the law as stated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia that Indonesia is a State of law, as a form of legal development through legal policies that formulate existing rules with elements, namely each party involved, the form of trading in influence regulated in the respective regulations, the perpetrators who carry out these acts, the form of action and also the form of giving and receiving from the parties for one purpose, namely obtaining an undue advantage or benefit. Specifically, the article on trading in influence in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning Eradication of Corruption so that there is no legal vacuum in the event of a case related to trading in influence
Formulation of Social Work Criminal Sanctions for Perpetrators of Minor Corruption Crimes Based on Justice Nur Sari Baktiana; Fauzie Yususf Hasibuan; Lilik Mulyadi
Jurnal Indonesia Sosial Sains Vol. 5 No. 03 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i03.1022

Abstract

In Indonesia, the formulation of criminal sanctions in the Indonesian Criminal Code has progressed, namely the adaptation of the mindset that criminal sanctions do not always have to be punitive. The benchmark of the provisions of Article 85 of the Criminal Code refers to the criteria, measures, and conditions for the imposition of criminal sanctions against social work sanctions for general criminal offenses, while specifically regulating special criminal offenses outside the Criminal Code, for example, Corruption which is regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption. This type of research is normative juridical research with analytical descriptive specifications using the statute approach, case approach, and comparative approach. The data sources in this research are secondary data sources in the form of primary, secondary, and tertiary legal materials. Research data was collected through a literature study using qualitative data analysis techniques. The results showed that there has been a paradigm shift in Law Number 23 Year 2023, which has regulated the existence of social work punishment as one of the main punishments, which previously did not exist in Law Number 1 Year 1946. The ideal formulation so that the application of social work can be applied is by looking at Law Number 31 of 1999 in conjunction with Law Number 21 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption Crimes and must also be able to see the existence of Law Number 1 of 1946,  Article 10 of the Criminal Code does not regulate social work.
Corporate Criminal Liability Formulation in Criminal Acts in the Field of Taxation to Realize Legal Certainty Basuki Rekso Wibowo; Hendrik Handoyo Lugito; Lilik Mulyadi
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.435

Abstract

Problems in the enforcement of tax criminal law involve normative vagueness related to corporate criminal liability in the context of tax crimes. Currently, criminal liability is directed only to individuals who are stewards or controllers of the corporation personally. This results in the main perpetrator in tax crimes are individual taxpayers, even though these crimes actually occur within the scope of operations of a corporation. In addition, the corporation itself cannot be criminally liable, nor can its shareholders. In the context of tax crimes that generally occur in a corporative environment and involve tax officials, there are normative obstacles in law enforcement against business entities involved in tax crimes. The research method used in this study is normative juridical with research specifications, namely descriptive analytical, techniques for collecting legal materials with library research using primary, secondary and tertiary legal materials, analytical techniques used qualitative normative by combining induction and deduction reasoning. The results of this Dissertation research show that criminal liability for corporations in tax crimes regulated in Law No. 16 of 2009 concerning General Provisions and Tax Procedures which has been amended by Law No. 7 of 2021 concerning Harmonization of Tax Regulations, has not directly regulated criminal liability for corporations. Currently, criminal liability is only given to the management or controller of the corporation personally.
Formulation of Criminal Law Policy Against Influence Trading as A Criminal Act of Corruption Chandra Matdung; Fauzie Yususf Hasibuan; Lilik Mulyadi
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1010

Abstract

The act of trading in influence is still not considered as a criminal offence so that until now the regulations governing it do not exist or have not been regulated in Indonesia. This research aims to examine the regulation of the formulation of trading in influence as a Corruption Crime according to positive law and analyse the criminal law policy towards the formulation of trading in influence as a Corruption Crime in the future. The research method used is normative juridical with analytical approach, with the specification of description analysis. The results showed that the absence of regulation regarding the formulation of the offence of trading in influence in Indonesian positive law causes law enforcement officials to often use the offence of bribery to criminalise while between bribery and trading in influence are two different things. The offence is different from the offence of bribery and other corruption offences so it is necessary or a different crime from the category of corruption-related crimes covered by the relevant Legislation. In order to achieve the objectives of the law as stated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia that Indonesia is a State of law, as a form of legal development through legal policies that formulate existing rules with elements, namely each party involved, the form of trading in influence regulated in the respective regulations, the perpetrators who carry out these acts, the form of action and also the form of giving and receiving from the parties for one purpose, namely obtaining an undue advantage or benefit. Specifically, the article on trading in influence in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning Eradication of Corruption so that there is no legal vacuum in the event of a case related to trading in influence
Formulation of Social Work Criminal Sanctions for Perpetrators of Minor Corruption Crimes Based on Justice Nur Sari Baktiana; Fauzie Yususf Hasibuan; Lilik Mulyadi
Jurnal Indonesia Sosial Sains Vol. 5 No. 03 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i03.1022

Abstract

In Indonesia, the formulation of criminal sanctions in the Indonesian Criminal Code has progressed, namely the adaptation of the mindset that criminal sanctions do not always have to be punitive. The benchmark of the provisions of Article 85 of the Criminal Code refers to the criteria, measures, and conditions for the imposition of criminal sanctions against social work sanctions for general criminal offenses, while specifically regulating special criminal offenses outside the Criminal Code, for example, Corruption which is regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption. This type of research is normative juridical research with analytical descriptive specifications using the statute approach, case approach, and comparative approach. The data sources in this research are secondary data sources in the form of primary, secondary, and tertiary legal materials. Research data was collected through a literature study using qualitative data analysis techniques. The results showed that there has been a paradigm shift in Law Number 23 Year 2023, which has regulated the existence of social work punishment as one of the main punishments, which previously did not exist in Law Number 1 Year 1946. The ideal formulation so that the application of social work can be applied is by looking at Law Number 31 of 1999 in conjunction with Law Number 21 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption Crimes and must also be able to see the existence of Law Number 1 of 1946,  Article 10 of the Criminal Code does not regulate social work.
Co-Authors Basuki Rekso Wibowo Chandra Matdung Fauzie Yususf Hasibuan Hendrik Handoyo Lugito Nur Sari Baktiana